1、ICC UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITSUCP 600英文 中 文FOREWORD.2INTRODUCTION.4ARTICLE 1 APPLICATION OF UCP.10ARTICLE 2 DEFINITIONS .11ARTICLE 3 INTERPRETATIONS .13ARTICLE 4 CREDITS V. CONTRACTS.14ARTICLE 5 DOCUMENTS V. GOODS, SERVICES OR PERFORMANCE.15ARTICLE 6 AVAILABILITY, EXPIRY DA
2、TE AND PLACE FOR PRESENTATION .15ARTICLE 7 ISSUING BANK UNDERTAKING .16ARTICLE 8 CONFIRMING BANK UNDERTAKING.17ARTICLE 9 ADVISING OF CREDITS AND AMENDMENTS .19ARTICLE 10 AMENDMENTS .20ARTICLE 11 TELETRANSMITTED AND PRE-ADVISED CREDITS AND AMENDMENTS22ARTICLE 12 NOMINATION .22ARTICLE 13 BANK-TO-BANK
3、REIMBURSEMENT ARRANGEMENTS .23ARTICLE 14 STANDARD FOR EXAMINATION OF DOCUMENTS.24ARTICLE 15 COMPLYING PRESENTATION.27ARTICLE 16 DISCREPANT DOCUMENTS, WAIVER AND NOTICE .27ARTICLE 17 ORIGINAL DOCUMENTS AND COPIES .29ARTICLE 18 COMMERCIAL INVOICE .30ARTICLE 19 TRANSPORT DOCUMENT COVERING AT LEAST TWO
4、DIFFERENT MODES OF TRANSPORT .31ARTICLE 20 BILL OF LADING.33ARTICLE 21 NON-NEGOTIABLE SEA WAYBILL .36ARTICLE 22 CHARTER PARTY BILL OF LADING.38ARTICLE 23 AIR TRANSPORT DOCUMENT.40ARTICLE 24 ROAD, RAIL OR INLAND WATERWAY TRANSPORT DOCUMENTS.41ARTICLE 25 COURIER RECEIPT, POST RECEIPT OR CERTIFICATE OF
5、 POSTING .44ARTICLE 26 “ON DECK“, “SHIPPERS LOAD AND COUNT“, “SAID BY SHIPPER TO CONTAIN”AND CHARGES ADDITIONAL TO FREIGHT.44ARTICLE 27 CLEAN TRANSPORT DOCUMENT .45ARTICLE 28 INSURANCE DOCUMENT AND COVERAGE .45ARTICLE 29 EXTENSION OF EXPIRY DATE OR LAST DAY FOR PRESENTATION .47ARTICLE 30 TOLERANCE I
6、N CREDIT AMOUNT, QUANTITY AND UNIT PRICES .48ARTICLE 31 PARTIAL DRAWINGS OR SHIPMENTS.49ARTICLE 32 INSTALMENT DRAWINGS OR SHIPMENTS.50ARTICLE 33 HOURS OF PRESENTATION .50ARTICLE 34 DISCLAIMER ON EFFECTIVENESS OF DOCUMENTS .50ARTICLE 35 DISCLAIMER ON TRANSMISSION AND TRANSLATION.51ARTICLE 36 FORCE MA
7、JEURE.52ARTICLE 37 DISCLAIMER FOR ACTS OF AN INSTRUCTED PARTY .52ARTICLE 38 TRANSFERABLE CREDITS .53ARTICLE 39 ASSIGNMENT OF PROCEEDS .56UCP600中文版UCP600第一条 UCP 的适用范围 .59第二条 定义 .59第三条 解释 .60第四条 信用证与合同 .61第五条 单据与货物、服务或履约行为 .61第六条 兑用方式、截止日和交单地点 .61第七条 开证行责任 .62第八条 保 兑行责任 .62第九条 信用证及其修改的通知 .63第十条 修改 .63
8、第十一条 电讯传输的和预先通知的信用证和修改 .64第十二条 指定 .64第十三条 银行之间的偿付安排 .64第十四条 单据审 核标准 .64第十五条 相符交单 .65第十六条 不符单据 、放弃及通知 .66第十七条 正本单据及副本 .66第十八条 商业发票 .67第十九条 涵盖至少两种不同运输方式的运输单据 .67第二十条 提单 .68第二十一条 不可转让的海运单 .69第二十二条 租船合同提单 .70第二十三条 空运单据 .70第二十四条 公路、铁路或内陆水运单据 .71第二十五条 快递收据、邮政收据或投邮证明 .72第二十六条 “货装舱面” 、 “托运人装载和计数” 、 “内容据托运人报
9、称”及运费之外的费用。72第二十七条 清洁运输单据 .72第二十八条 保险单据及保险范围 .72第二十九条 截止日或最迟交单日的顺延 .73第三十条 信用证金额、数量与单价的伸缩度 .73第三十一条 部分支款或部分发运 .73第三十二条 分期支款或分期发运 .74第三十三条 交单时间 .74第三十四条 关于单据有效性的免责 .74第三十五条 关于信息传递和翻译的免责 .74第三十六条 不可抗力 .74第三十七条 关于被指示方行为的免责 .75第三十八条 可转让信用证 .75第三十九条 款项让渡 .76FOREWORDThis revision of the Uniform Customs an
10、d Practice for Documentary Credits (commonly called “UCP”) is the sixth revision of the rules since they were first promulgated in 1933.It is the fruit of more than three years of work by the International Chamber of Commerces (ICC) Commission on Banking Technique and Practice.ICC, which was establi
11、shed in 1919, had as its primary objective facilitating the flow of international trade at a time when nationalism and protectionism posed serious threats to the world trading system. It was in that spirit that the UCP were first introduced to alleviate the confusion caused by individual countries p
12、romoting their own national rules on letter of credit practice. The objective, since attained, was to create a set of contractual rules that would establish uniformity in that practice, so that practitioners would not have to cope with a plethora of often conflicting national regulations. The univer
13、sal acceptance of the UCP by practitioners in countries with widely divergent economic and judicial systems is a testament to the rules success.It is important to recall that the UCP represent the work of a private international organization, not a governmental body. Since its inception, ICC has ins
14、isted on the central role of self-regulation in business practice. These rules, formulated entirely by experts in the private sector, have validated that approach. The UCP remain the most successful set of private rules for trade ever developed.A range of individuals and groups contributed to the cu
15、rrent revision, which is entitled UCP 600. These include the UCP Drafting Group, which sifted through more than 5000 individual comments before arriving at this consensus text; the UCP Consulting Group,consisting of members from more than 25 countries, which served as the advisory body reacting to a
16、nd proposing changes to the various drafts; the more than 400 members ofthe ICC Commission on Banking Technique and Practice who made ertinentsuggestions for changes in the text; and ICC national committees worldwide which took an active role in consolidating comments from their members. ICC also ex
17、presses its gratitude to practitioners in the transport and Insurance industries, whose perceptive suggestions honed the final draft.Guy Sebban Secretary GeneralInternational Chamber of CommerceINTRODUCTIONIn May 2003, the International Chamber of Commerce authorized the ICC Commission on Banking Te
18、chnique and Practice (Banking Commission) to begin a revision of the Uniform Customs and Practice for Documentary Credits, ICC Publication 500.As with other revisions, the general objective was to address developments in the banking, transport and insurance industries. Additionally, there was a need
19、 to look at the language and style used in the UCP to remove wording that could lead to inconsistent application and interpretation.When work on the revision started, a number of global surveys indicated that, because of discrepancies, approximately 70% of documents presented under letters of credit
20、 were being rejected on first presentation. This obviously had, and continues to have, a negative effect on the letter of credit being seen as a means of payment and, if unchecked, could have serious implications for maintaining or increasing its market share as a recognized means of settlement in i
21、nternational trade. The introduction by banks of a discrepancy fee has highlighted the importance of this issue, especially when the underlying discrepancies have been found to be dubious or unsound. Whilst the number of cases involving litigation has not grown during the lifetime of UCP 500, the in
22、troduction of the ICCs Documentary Credit Dispute Resolution Expertise Rules (DOCDEX) in October 1997 (subsequently revised in March 2002) has resulted in more than 60 cases being decided.To address these and other concerns, the Banking Commission established a Drafting Group to revise UCP 500. It w
23、as also decided to create a second group, known as the Consulting Group, to review and advise on early drafts submitted by the Drafting Group.The Consulting Group, made up of over 40 individuals from 26 countries, consisted of banking and transport industry experts. Ably co-chaired by John Turnbull,
24、 Deputy General Manager, Sumitomo Mitsui Banking Corporation Europe Ltd, London and CarloDi Ninni, Adviser, Italian Bankers Association, Rome, the Consulting Group provided valuable input to the Drafting Group prior to release of draft texts to ICC national committees.The Drafting Group began the re
25、view process by analyzing the content of the official Opinions issued by the Banking Commission under UCP 500. Some 500 Opinions were reviewed to assess whether the issues involved warranted a change in, an addition to or a deletion of any UCP article. In addition, consideration was given to the con
26、tent of thefour Position Papers issued by the Commission in September 1994, the two Decisions issued by the Commission (concerning the introduction of the euro and the determination of what constituted an original document under UCP 500 sub-article 20(b) and the decisions issued in DOCDEX cases. Dur
27、ing the revision process, notice was taken of the considerable work that had been completed in creating the International Standard Banking Practice for the Examination of Documents under Documentary Credits (ISBP), ICC Publication 645. This publicationhas evolved into a necessary companion to the UCP for determining compliance of documents with the terms of letters of credit. It is the expectation of the Dr
